1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Basic facts

A. The Defendant is a stock company established for the purpose of research and development of a mobile linkage business process program, and H (hereinafter “H”) jointly operated by F and G is a “C” and did not pay KRW 83,170,331 of the program usage fee to the Defendant until August 2012, while engaging in a vicarious driving business in the name of “C”.

B. On August 31, 2012, F entered into a contract with D on the condition that “F shall provide F with KRW 5 million per month to a person designated by D or F, by transferring a phone number related to the C substitute driving, which he/she holds by the F or F, to a person designated by D or D, and by transferring a proxy engineer organization, call center staff, management staff, telecommunications equipment and facilities.” He/she transferred the C’s substitute driving business to E (hereinafter “E”) operated by D under the said contract.

C. On the other hand, on December 4, 2012, E filed a lawsuit against the Defendant claiming damages from E by blocking access to the program on the grounds of unpaid user fees of this case (Seoul Central District Court 2012Kadan101776). On April 2, 2013, the Defendant filed a lawsuit against E claiming the unpaid user fees of this case (Seoul Central District Court 2013Kadan89660) against E, and the above case (Seoul Central District Court 2012Gadan1076) was paid KRW 68 million to the Defendant, and the Defendant became final and conclusive with the content that the Defendant waives the claim of the case of the above 2013Kadan89660.

On November 21, 2013, F notified D of termination on the ground that it violated its obligations under the instant consignment contract.

E. The Plaintiff, who was the vice president of H, prepared a substitute driving business using the Defendant’s substitute driving program, and the Defendant should pay KRW 83,170,31 (hereinafter “instant unpaid user fee”) to the Plaintiff in order to use the Defendant’s program.